Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS
Agriculture & Natural Resources Committee
HB 1646
Brief Description: Adding the department of natural resources' civil enforcement decisions under RCW 76.04.205 to appeals that may be heard by the pollution control hearings board.
Sponsors: Representatives Ormsby, Orcutt and Tharinger; by request of Department of Natural Resources.
Brief Summary of Bill
  • Authorizes the Pollution Control Hearings Board to hear appeals of Department of Natural Resources (DNR) actions relating to burning permits and silvicultural burning.
Hearing Date: 2/11/25
Staff: Lily Smith (786-7175).
Background:

The State Clean Air Act.

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The state Clean Air Act (CAA) regulates outdoor air pollution. ?Any person who violates any of the provisions of the CAA may incur a civil penalty in an amount not to exceed $10,000 per day for each violation.

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Department of Natural Resources Burn Permits.

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The DNR regulates burning activities on DNR-protected land and silvicultural burning under the CAA through the issuance of permits, which may include conditions for the protection of life, property, or air quality, and may be suspended or revoked. ?A person who violates the requirements to have a valid, written burning permit obtained from the DNR may incur a civil penalty under the Clean Air Act.

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Pollution Control Hearings Board.

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The Pollution Control Hearings Board (PCHB) is an administrative body that has jurisdiction to hear appeals covering a wide range of environmental permits and enforcement actions.
Summary of Bill:

The PCHB jurisdiction is expanded to include appeals of:

  • civil penalties issued by the DNR for violations of burning permits or silvicultural burning activities under the CAA; and
  • DNR decisions regarding the issuance or revocation of a burning permit.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.